EXHIBIT 8(c)
AMENDMENT NO. 1 TO
CUSTODY AGREEMENT
AMENDMENT NO. 1, dated as of July 1, 1991, to Custody Agreement, dated as
of July 22, 1988, between THE XXXXX AMERICAN FUND, a Massachusetts business
trust, (the "Fund") and CUSTODIAL TRUST COMPANY, a bank organized under the laws
of the State of New Jersey (the "Custodian").
Fund and Custodian hereby agree as follows:
1. Definition of Securities Loan Agreement. Article I.13 is amended by adding
thereto, after "Bear Xxxxxxx", "or Bear, Xxxxxxx Securities Corp. ("Bear Xxxxxxx
Securities")".
2. Appointment of Agents. Article III.3(a)is amended by deleting it in its
entirety and replacing it with the following:
"Custodian may employ suitable agents, which may include affiliates of
Custodian, such as Bear Xxxxxxx Securities and Bear Xxxxxxx, provided,
however, that Custodian shall not employ (i) Bear Xxxxxxx Securities, Bear
Xxxxxxx or any other of its affiliates to hold any collateral pledged to
Customer under the Securities Loan Agreement of even date herewith between
Customer and Bear Xxxxxxx Securities or Bear Xxxxxxx, as the case may be,
(the "Securities Loan Agreement") or any other securities loan agreement
between them (whether now or hereafter in effect) (ii) or Bear Xxxxxxx or
any other of its affiliates to hold any securities purchased by Customer
under the Master Repurchase Agreement of even date herewith between
Customer and Bear Xxxxxxx (the "Master Repurchase Agreement") or any other
repurchase agreement between them (whether now or hereafter in effect)."
3. Effective Date. This Amendment No. 1 shall be effective as of July 1, 1991.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment
No. 1 to be executed by its representative thereunto duly authorized, all as of
the day and year first above written.
THE XXXXX AMERICAN FUND
By /s/ Xxxxxxx X. Xxxx
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Authorized Officer
CUSTODIAL TRUST COMPANY
By /s/ [SIGNATURE]
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Authorized Officer
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